[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Pages 65208-65210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26300]



[Docket No. 070-3098; NRC-2011-0081]

Notice of Consideration of Approval of Application Regarding 
Proposed Indirect Transfer of Control of the Construction Authorization 
for the Mixed Oxide Fuel Fabrication Facility in Aiken, SC

AGENCY: Nuclear Regulatory Commission.

ACTION: Application for approval of an indirect transfer of a 
construction authorization; opportunity to request a hearing or provide 
written comments.


DATES: Submit comments by November 26, 2012. A request for a hearing 
must be filed by November 14, 2012.

Manager, Mixed Oxide and Deconversion Branch, Division of Fuel Cycle 
Safety and Safeguards, Office of Nuclear Material Safety and 
Safeguards, Nuclear Regulatory Commission, Washington, DC 20555-0001 
telephone: 301-492-3229; fax number: 301-492-3359; email: 
[email protected].


I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) is 
considering an application for approval of an indirect transfer of 
control regarding construction authorization (CA) CAMOX-001. The 
application, dated August 30, 2012 (ADAMS Accession No. ML12243A498), 
was supplemented on October 1, 2012 (ADAMS Accession No. ML12276A108), 
This notice of the application (in section II below) discusses the 
procedures applicable to submitting requests for a hearing, which are 
set forth in Title 10 of the Code of Federal Regulations (10 CFR), part 
2. In accordance with 10 CFR 2,1305(a), written comments on the 
application may be submitted as an alternative to requesting a hearing, 
as discussed in section IV below.
    The CA was originally issued to Duke Cogema Stone and Webster on 
March 25, 2005. The CA was modified in 2006, to change the name of the 
CA holder to Shaw AREVA MOX Services (MOX Services) (ADAMS Accession 
No. ML063110298). Under the CA, MOX Services is now constructing a 
Mixed Oxide Fuel Fabrication Facility (MFFF) at the Department of 
Energy (DOE) Savannah River Site in Aiken, South Carolina. MOX Services 
has separately requested the NRC's authorization to operate the MFFF, 
which is currently under review.
    In its August 30, 2012, application, MOX Services proposes to make 
changes in its ownership structure, whereby its ultimate parent 
corporation (``The Shaw Group, Inc.'') would become a wholly-owned 
subsidiary of Chicago Bridge and Iron Company NV Shaw (CB&I Shaw), 
based on a purchase transaction agreement dated July 30, 2012 (ADAMS 
Accession No. ML12269A340). MOX Services would continue to hold the CA, 
and no physical changes to the MFFF are being proposed. An NRC 
administrative review, documented in an email sent to MOX Services on 
September 11, 2012 (ADAMS Accession No. ML12269A087), found the 
application acceptable to begin a more detailed technical review.
    If the August 30, 2012 application is granted, the CA would be 
amended for administrative purposes to reflect the indirect transfer. 
No physical changes would be made at the MFFF site as a result of the 
indirect transfer. An environmental assessment of the proposed action 
will not be prepared because such transfers are actions which are 
categorically excluded from the need to conduct any further 
environmental review, pursuant to 10 CFR 51.22(c)(21). If the 
application is granted, an evaluation will document the approval of the 
indirect transfer of control, and the evaluation would contain the 
required findings as discussed further below.
    Pursuant to 10 CFR 70.36, no license granted under 10 CFR part 70, 
and no right thereunder to possess or utilize special nuclear material 
(SNM), shall be transferred, assigned, or in any manner disposed of, 
directly or indirectly, through transfer of control of any license to 
any person unless the Commission, after securing full information, 
finds that the transfer is in accordance with the Atomic Energy Act 
(AEA), and gives its consent in writing. The CA does not authorize MOX 
Services to use SNM at the MFFF--it only authorizes MOX Services to 
construct the MFFF. The CA is thus analogous to a construction permit, 
and it has served as the mechanism under which the NRC has overseen the 
MFFF construction activities. Because the term ``license'', as defined 
in 10 CFR 2.4, includes a construction permit, and because the 
Administrative Procedure Act's definition of the term ``license'', in 5 
U.S.C. 551(8), includes any agency approval or other form of 
permission, the NRC finds that the 10 CFR 70.36 requirements are 
applicable here.
    The NRC will approve the August 30, 2012, application for the 
indirect transfer of the CA if it determines that the proposed 
restructuring and reorganization will not affect the qualifications of 
MOX Services to hold the CA, and that the transfer is otherwise 
consistent with applicable provisions of law, regulations, and any NRC 
orders that may be applicable.

II. Opportunity To Request a Hearing and Leave To Intervene

    Requirements for submitting hearing requests and petitions for 
leave to intervene are found in 10 CFR 2.309, ``Hearing requests, 
petitions to intervene, requirements for standing, and contentions.'' 
Interested persons should consult 10 CFR 2.309, which is available at 
the NRC's PDR, located at One White Flint North, 11555 Rockville Pike, 
Mail Stop: O1-F21, Rockville, MD 20852. You may also call the PDR at 1-
800-397-4209 or 301-415-4737. The NRC regulations are also accessible 
electronically from the NRC Library on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/
    Pursuant to 10 CFR 2.309(a), any person whose interest may be 
affected by this proceeding, and who wishes to participate as a party 
in the proceeding must file a written request for hearing and petition 
for leave to intervene. As required by 10 CFR 2.309, a petition for 
leave to intervene shall set forth with particularity the interest of 
the petitioner in the proceeding and how that interest may be affected 
by the results of the proceeding. Pursuant to 10

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CFR 2.309(d), the petition must provide the name, address, and 
telephone number of the petitioner; and explain the reasons why 
intervention should be permitted with particular reference to: (1) The 
nature of the petitioner's right under the Act to be made a party to 
the proceeding; (2) the nature and extent of the petitioner's property, 
financial, or other interest in the proceeding; and (3) the possible 
effect of any decision or order that may be entered in the proceeding 
on the petitioner's interest.
    A request for hearing or petition for leave to intervene must also 
identify specific contentions that the petitioner seeks to have 
litigated in the proceeding. As required by 10 CFR 2.309(f), for each 
contention, the petitioner must provide a specific statement of the 
issue of law or fact to be raised or controverted, as well as a brief 
explanation of the basis for the contention. The petitioner also must 
demonstrate that the issue raised by each contention is within the 
scope of the proceeding, and is material to the findings that NRC must 
make to support the granting of a license in response to the 
application. In addition, the petition must also include a concise 
statement of the alleged facts or expert opinions which support the 
position of the petitioner, and on which the petitioner intends to rely 
at the hearing--together with references to the specific sources and 
documents on which the petitioner intends to rely. Finally, the 
petition must provide sufficient information to show that a genuine 
dispute exists with the Applicant on a material issue of law or fact, 
including references to specific portions of the August 30 application 
that the petitioner disputes and the supporting reasons for each 
dispute; or, if the petitioner believes that the application fails to 
contain information on a relevant matter as required by law, the 
identification of each failure, and the supporting reasons for the 
petitioner's belief. Each contention must be one that, if proven, would 
entitle the petitioner to relief. A petitioner who fails to satisfy 
these requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC's regulations, policies, and procedures. The 
Licensing Board will set the time and place for any pre-hearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Petitions for leave to intervene and requests for hearing, and 
motions for leave to file new or amended contentions that are filed 
after the deadline in 10 CFR 2.309(b) will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the following three factors in 10 CFR 
2.309(c)(1): (i) The information upon which the filing is based was not 
previously available; (ii) the information upon which the filing is 
based is materially different from information previously available; 
and (iii) the filing has been submitted in a timely fashion based on 
the availability of the subsequent information
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1) and (2). The petition 
should state the nature and extent of the petitioner's interest in the 
proceeding. The petition must be submitted to the Commission by 
November 14, 2012. The petition must be filed in accordance with the 
filing instructions in section IV of this document, and should meet the 
requirements for petitions for leave to intervene set forth in this 
section, except that under 2.309(h)(2) State and Federally-recognized 
Indian tribes do not need to address the standing requirements in 10 
CFR 2.309(d) if the facility is located within its boundaries. A State, 
local governmental body, Federally-recognized Indian Tribe, or agency 
thereof may also have the opportunity to participate under 10 CFR 
    If a hearing is granted, any person who does not wish to become a 
party to the proceeding may, in the discretion of the presiding 
officer, be permitted to make a limited appearance pursuant to the 
provisions of 10 CFR 2.315(a), by making an oral or written statement 
of his or her position on the issues at any session of the hearing or 
at any pre-hearing conference, within the limits and conditions fixed 
by the presiding officer. However, that person may not otherwise 
participate in the proceeding.

III. Electronic Submission (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities, must be filed in accordance with the 
NRC E-Filing rule (72 FR 49139; August 28, 2007). The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    To comply with the procedural requirements of E-Filing, at least 
ten (10) days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to request (1) a digital ID 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
public Web site. Further information on the Web-based submission form, 
including the installation of the Web browser

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plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document in this manner are responsible for 
serving the document on all other participants. Filing is considered 
complete by first-class mail as of the time of deposit in the mail, or 
by courier, express mail, or expedited delivery service upon depositing 
the document with the provider of the service. A presiding officer, 
having granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.

IV. Opportunity To Provide Written Comments

    Within 30 days from the date of publication of this notice, persons 
may submit written comments regarding the CA transfer application, as 
provided for in 10 CFR 2.1305. The NRC will consider and, if 
appropriate, respond to these comments, but such comments will not 
otherwise constitute part of the decisional record. Comments should be 
submitted to the Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff, and should cite the publication date and page number of this 
Federal Register notice. Comments received after 30 days will be 
considered if practicable to do so, but only those comments received on 
or before the due date can be assured consideration.
    For further details with respect to this CA transfer application, 
see the application dated August 30, 2012. Publicly-available records 
will be accessible electronically from the Agency Wide Documents Access 
and Management System's (ADAMS) Public Electronic Reading Room on the 
Internet at the NRC Web site http://www.nrc.gov/reading-rm/adams.html. 
Persons who do not have access to ADAMS or who encounter problems in 
accessing the documents located in ADAMS should contact the NRC PDR 
Reference staff by telephone at 1-800-397-4209, or 301-415-4737 or by 
email to [email protected].

    Dated at Rockville, Maryland, this 17th day of October, 2012.

    For the Nuclear Regulatory Commission.
David H. Tiktinsky,
Senior Project Manager, Mixed Oxide and Deconversion Branch, Division 
of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2012-26300 Filed 10-24-12; 8:45 am]